ECHAZABAL v. CHEVRON USA, INC.

No. 98-55551.

213 F.3d 1098 (2000)

Mario ECHAZABAL, Plaintiff-Appellant, v. CHEVRON USA, INC.; Irwin Industries, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated November 15, 1999

Resubmitted January 25, 2000

Filed May 23, 2000


Attorney(s) appearing for the Case

Larry Minsky, Sievers & Minsky, Long Beach, California, for the plaintiff-appellant.

Jon P. Kardassakis, Hawkins, Schnabel, Lindahl & Beck, Los Angeles, California, for the defendant-appellee.

Geoffrey L. Carter, Washington, DC, for amicus Equal Employment Opportunity Commission.

Before: BRIGHT, REINHARDT, and TROTT, Circuit Judges.


REINHARDT, Circuit Judge:

On this appeal, the principal question we consider is whether the "direct threat" defense available to employers under the Americans with Disabilities Act applies to employees, or prospective employees, who pose a direct threat to their own health or safety, but not to the health or safety of other persons in the workplace. We conclude that it does not.

I.

Mario Echazabal first began working at Chevron's oil refinery in...

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